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(영문) 서울고등법원 2020.09.17 2020노1146

특정범죄가중처벌등에관한법률위반(향정)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a three-year imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant: (a) conspiredd to sell philophones by means of a tentatively named “tamper” method along with the name irregular sales book; (b) subdivided the philophones supplied from the said sales book into the philophones; and (c) attempted to sell philophones by concealing approximately 11.56 g of philophones subdivided into the 17 places in Seoul and Yangyang-si, and transmitting the place to the said sales book.

The Defendant: (a) concealed and kept a philopon at a ridge between vehicles operated by himself in order to sell philopon in the same manner; (b) the Defendant reached approximately 353.24g (on a market price of approximately 14,129,600 won).

The Defendant conspiredd to commit the above sales books and crimes in the Philippines, entered Korea, exchanged with the above sales books from time to time, and managed passbooks, check cards, etc. to be used for committing the crime, and in order to secure sales philophones, the Defendant sent the purchase price directly to the winners in Korea and received philophones.

As such, the Defendant took part in the overall process of the crime of selling narcotics in a systematic manner, and the liability for such crime is not less and less.

This is disadvantageous to the defendant.

However, the defendant recognizes all of the crimes of this case and is in profoundly against the defendant, and only five times the records of being fined due to the crimes of this species are punished for the same kind of crime.

After being arrested, the Defendant cooperated in the investigation by making the overall process of the instant crime, the location of concealment of phiphones, etc., and based on this, most of phiphones concealed by the Defendant were recovered, and a large amount of phiphones possessed by the Defendant are also collected.